Back
2026 Supreme(Online)(Mad) 43305
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
K.T. Velavan – Appellant
Versus
District Collector – Respondent
WP.No.20006 of 2026|WMP.Nos.21387 & 21388 of 2026
For the Appellants/Petitioners: R. Nalliyappan
For the Respondents: L.S.M.Hasan Fizal
The court may grant temporary protection against an eviction order pending the filing of an alternative statutory revision remedy, provided the petitioner complies with a strict timeline for filing such revision.
Headnote:The petitioner challenged an eviction order issued under Section 6 of the Tamil Nadu Land Encroachments Act, 1905, after an unsuccessful appeal before the District Collector. The Court observed the existence of an alternative statutory remedy of revision before the Government. The central issue was whether the petitioner could be granted interim protection pending the filing of a revision petition. The Court reasoned that given the undertaking to file a revision within two weeks, the impugned eviction order should remain in abeyance to allow the petitioner to pursue the legal remedy. The Writ Petition was disposed of with a direction to maintain the status quo provided the revision is filed within the specified timeframe.
| Table of Content |
|---|
| 1. granting interim protection pending the exhaustion of the statutory revision remedy. (Para 2 , 4 , 5) |
(Order of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2. The petitioner suffered an eviction order under Section 6 of the Tamil Nadu Land Encroachments Act, 1905. Aggrieved by the same, he filed an appeal before the District Collector, Namakkal, under Section 10 of the Act. The appeal was dismissed on 08.05.2026. The petitioner can very well avail the revisional remedy before the Government.
4. The learned counsel for petitioner states that the revision petition will be filed within a period of two weeks from the date of receipt of a copy of this order. Hence, it is directed that the impugned order shall be kept in abeyance till the disposal of the revision petition. However, this benefit will not accrue to the petitioner if the revision petition is not filed within two weeks as undertaken before this Court. The original impugned order shall be returned to the learned counsel for the petitioner.
5. This Writ Petition is disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petitions are closed.
